IN THE CASE OF:	 

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140004189 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal (AGCM), the Presidential Unit Citation, and all other awards he may be entitled to.

2.  He states his DA Form 20 (Enlisted Qualification Record) shows "excellent" conduct and efficiency ratings for all his assignments up to his wounding in the Republic of Vietnam (RVN) on 20 January 1968.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DA Form 20.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 13 July 1966.  He served in the RVN from 28 August 1967 to 29 January 1968 and he was assigned to B Battery, 6th Battalion, 29th Artillery Regiment, 4th Infantry Division.  He was retired from active duty based on a permanent disability on 
30 October 1968 and credited with completing 2 years, 3 months, and 16 days of total active service.

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His DA Form 20 shows in:

   a.  Item 29 (Qualification in Arms) shows he  qualified Marksman with the (M-14) rifle and Expert with the M-16 rifle.

	b.  Item 38 (Record of Assignments) shows on 29 January 1968, he was reassigned to the Medical Holding Detachment, 249th General Hospital, Japan as a patient.

   c.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service with two ratings of "unknown" while in a hospital status

   d.  Item 40 (Wounds) shows the entry "Fragment wound to the right and left hip, one side, forehead" on 20 January 1968.

5.  There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 6th Battalion, 29th Artillery Regiment, to which he was assigned, was cited for the Presidential Unit Citation for the period 29 October through 30 November 1967 by Department of the Army General Orders (DAGO) Number 38, dated 1971 and the RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 October 1969 by (DAGO) Number 3, dated 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

9.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaign:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  However, his two periods of unknown ratings were not disqualifying.  Therefore, he is entitled to award of the first award of the AGCM for the period 13 July 1966 to 30 October 1968 and correction of his DD Form 214 to show this award.

2.  His unit was cited for award of the Presidential Unit Citation and the RVN Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

3.  The evidence of record also shows he served in Vietnam from 2 August 1967 to 29 January 1968.  He was wounded in action by hostile forces on 20 January 1968 as verified by his DA Form 20 and he was medically evacuated.  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his records to show this award.

4.  The evidence also shows he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded VSM and correction of his DD Form 214 to show this bronze service star.

5.  His DA Form 20 verifies that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.

BOARD VOTE:

____X____  ___X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding him the Army Good Conduct Medal (1st Award) for the period
13 July 1966 to 30 October 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and
   
c. adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star 
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________X___________
               CHAIRPERSON


I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20140004189





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ABCMR Record of Proceedings (cont)                                         AR20140004189



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